Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-24

middle OF the square, which 1t crosses, 10 B0un
its charter It's occupation of w street, though by
permit OF capt. Green, Of the engineer depart
nent, Is wholly illegal. 1t also occupies 14tf
street with track the southern terminus being
w street. Just why it charges separate fare fol
this fraction Is not so obvious.
THE METROPOLITAN.
Schedule shows an awful discrepancy between
the streets authorized and those occupied by this
company. II Is on Delaware avenue, without
authority OF Law, from to North, also D street
northwest 10 New jersey avenue. It may well be
doubted whether its track from l4th street west
to nth street Is legal From I7th street west, in
Guiding the use OF that street. l regard its title
to all the streets it uses as without legal founda-
ton.
understood It claims the use OF 18th street
from Pennsylvania avenue north, and Connecticut
| avenue, as derived from the. Connecticut avenue
July 13, 1868, Sec Is, Stats, p. S. mo abstrac
am advised the company never had legal
transfer any rights to the Metropolitan Neither
had 1t power TO make such transfer. understand
| the Metropolitan also derives title to street
| rated by the late District Legislature. (See
schedule c. AS before seen this was totally void
Isee sec q Rev; stats; D; CO. SO all that part OF
Its track connecting 9th street with its AZ street
track seems to be without warrant Of law, or pre-
tense OF law.
also regard the occupation by this company OF
eth street, nOrth OF N street to Boundary to 18th
street road sheer violation or law and the rights
OF the puonc It's sole title is said to be derived
| AiouA WV Ooouudiy anu SllN6E SpTlOR company,
chartered, as claimed, by the District legislature
lsee schedule D.. am promised an accurate state.
ment OF this whole complex matter, by the attOr-
received as an exhibit. / am not advised that
there Is question OF the rights OF the other street
railroad companies and content myself with trans
hitting schedules OF the streets authorized to be
occupied and parts OF streets actually occupied by
them severally, properly designated, which trust
acosta Schedule (Anacosta In Uniontown is not
given by me) and Columbia Schedule F, sc. See
schedules
sECOND-OcCUPANCY OF SQUARE 632.
In response to the second inquiry, refer to Alb
stract as q full and complete answer, taken In
connection with what foil jwS In reply to the next
AS now advised know OF no express limitation OF
the occupancy OF the Baltimore and Ohio.
THIRD-TnE BALTIMORE AND OHIO.
In reply to the third, Congress did not reserve
the right to repeal amend its legislation In favor
OF the Baltimore and Ohio. have heretofore sug-
gested that Congress compel 1t to vacate square
6:S2 with the right to maintain suit for damages.
The result OF such action Is not now the question.
do not say unquallnedly that Congress can d.
rectly abrogate the rights OF the company on
square 632.
BY reference to abstract 1t is seen that the de-
tails OF the location or the companys tracks sta
tlon was by Congress referred to the corporate
the hrst passenger station was on the Avenue,
near the T1ber. That subsequently 1t was, by
written stipulation, removed to its present loca-
ton, on square 682 BY joint resolution OF May 81,
1850 (See p. 1S, abstract A. the corporation raised
a joint committee to arrange with the railroad
company for the removal Of this depot station to
new position on square 632, with the right to use
steam for thirty years from the passage OF the act
To pay the city 50, 600, to be expended in the Inn
provement OF certain streets therein named.
This was the second attempted arrangement as
appears by the acts OF the corporation OF said A.
This was made effective as appears by the order
OF July 3, 1850 I'd, p. Ply. This approprtates the
$1,000 as stipulated to the streets, which 1t says
was to be paid by the Baltimore and Ohio under the
third condition Of the agreement, entered into on
the 18th OF June 1850 pursuant TO the above cited
joint resolution. See appendix A, abstract A.
Some years ago was employed to prosecute the
company for nuisance in maintaining its depot on
square G32. 1t was convicted, but the Judgment
Was reversed In the general term This agreement
was then referred to, as l remember, defendants
counsel as limiting tie time OF occupation OF the
square-an error as seen on inspection OF the In
strument now just secured. Later the corporation
extended the right to use steam in the city 80
years longer.
1 believe 1 have now covered all the points
within the province OF this Office In these premises
Very respectfully, A. G. RIDDLE,
Attorney ID. c.
Mr.. Riddle says that he has since the date OF the
above received the report Of the Metropolitan
Railroad.